If you say you are neither importer nor manufacturer, why would you have 105 oxygen concentrators? Delhi High Court asks Navneet Kalra

The Delhi High Court on Thursday asked businessperson Navneet Kalra why he was storing 105 oxygen concentrators if he was neither an importer nor a manufacturer. .The Court was hearing the anticipatory bail filed by Kalra in connection with the oxygen concentrator black marketing case being probed by the Delhi Police..The matter was heard by a Bench of Justice Subramonium Prasad late on Thursday evening but could not be completed. The hearing will continue tomorrow. .Senior Advocate Abhishek Manu Singhvi, appearing for Kalra, argued that the media was baying for Kalra's blood. "This person is a victim of media...he has been hounded and for what? He is neither an importer nor a manufacturer.".Singhvi primarily argued that in the absence of a government order fixing the price of oxygen concentrators under Section 3(1) of the Essential Commodities Act, Kalra cannot be said to selling his stock at an exorbitant price. ."By now the State would have placed the order five times if it existed.", Singhvi remarked. .Singhvi claimed that Kalra had purchased the oxygen concentrators from Matrix Cellular with invoices, having paid Goods and Services Tax (GST) and that he was not hoarding the machines..At this point, Justice Prasad asked,"If you say you are neither importer nor manufacturer, why would you have 105 oxygen concentrators? If they are drugs, do you have the ability to store them without a licence?""No licence is required unless there is an order," was Singhvi's response..When the Court wondered as to whether there was violation of the Drugs and Cosmetics Act, Singhvi replied that the prosecution's charges against Kalra were under the Essential Commodities Act."There is no mens rea. Nothing is hidden. There are people who needed oxygen. I'm charging," the Senior Counsel went on to state..Another question raised by the Court was,"If drugs are devices and they are to included in the Drugs (Prices Control) Order (DPCO), which is covered under the Essential Commodities Act, would oxygen concentrators not come under the Essential Commodities Act?"Singhvi replied,"Court has to be shown a violation of a statute. The Act makes it clear. The legislative mandate is that it doesn't matter if you are in a Schedule. What is actionable is the order under Section 3(1) [of the Essential Commodities Act].".Singhvi also pointed out that a Division Bench of the High Court had recently asked the Central government to consider fixing the profit margin on imported oxygen concentrators.. Additional Solicitor General SV Raju, who appeared for the State said that it was a clear case of black marketing. "This is classic case of black marketing. You can't exploit people at this time.".Raju reiterated the prosecution's argument that Kalra was selling Chinese made concentrators on the pretext that they were premium, German machines. He also offered to give the Court information in a sealed cover..He went on to contend,"Out of the seized concentrators, two were sent to lab. We were shocked and horrified to find that these machines give output of 32%".ASG Raju further stated that if Kalra is granted anticipatory bail, a "wrong signal" would go to hoarders that a person who is the biggest black marketer could get granted anticipatory bail on technical grounds. .The Court eventually decided to adjourn the hearing for tomorrow. .Kalra had moved the High Court after Additional Sessions Judge at Saket Court refused to grant him anticipatory bail on the ground that his custodial investigation was required to be carried out by Delhi Police to unearth the entire conspiracy..[BREAKING] Delhi Court denies Navneet Kalra anticipatory bail in oxygen concentrator black marketing case.The trial court opined that there was prima facie incriminating evidence on record against Kalra to the effect that contrary to the brochure, the concentrators being sold by him were not manufactured with "German collaboration" but were manufactured in China instead..As per the prosecution case, Kalra, along with other co-accused, "hatched a conspiracy" to wrongfully make money by "inducing" the public to buy his oxygen concentrators at an "exorbitant rate" amid a raging pandemic.The prosecution contended that Kalra had made "crores of rupees" by inducing the needy public to believe that his oxygen concentrators were "premium", "German" and "sufficient for two persons"..Kalra, on the other hand, claimed that he was being "framed" based on content on social media and was made a scapegoat to divert attention from more pressing issues..Read full account of the hearing here:.[Evening hearing] Delhi High Court hears Navneet Kalra anticipatory bail plea: LIVE UPDATES